Imagens da página
PDF
ePub

of ex

in defiance of the houfe, retorted upon them a perfon, whom they had branded with the moft ignominious marks of their displeasure, were thereby fo well intitled to favour and indulgence, that the house could do no lefs than rob Mr. Taylor of a right legally vefted in him, in order that the burgeffes might be apprised of the law of parliament; which law the house took a very direct way plaining to them, by refolving that the candidate with the fewest votes was not duly elected" And was not this much more "equitable, more in the spirit of that equal ❝ and substantial justice, which is the end of "all law, than if they had violently adhered "to the ftrict maxims of law?" Vide Serious Confiderations, p. 33 and 34. "And if the "present house of commons had chofen to

follow the fpirit of this refolution, they "would have received and established the "candidate with the feweft votes." Vide Anfwer to Sir IV. M. p. 18.

PERMIT me now, Sir, to fhew you that the worthy Dr. Blackftone fometimes contradicts the miniftry as well as himself. The Speech without doors afferts, page 9, "that "the legal effect of an incapacity, founded

"on a judicial determination of a complete "court, is precisely the fame as that of an "incapacity created by act of parliament." Now for the Doctor.-The law and the opinion of the judge are not always convertible terms, or one and the fame thing; fince it fometimes may happen that the judge may mistake the law. Commentaries, Vol. I. p. 71.

THE answer to Sir W. M. afferts, page 23, “That the returning officer is not a judicial, "but a purely minifterial officer. His re

"turn is no judicial act."-At 'em again, Doctor. The Sheriff, in his judicial capacity is to hear and determine caufes of 40 fhillings value and under in his county court. He has alfo a judicial power in divers other civil cafes. He is likewife to decide the elections of knights of the fhire (Jubject to the control of the house of commons), to judge of the qualification of voters, and to return fuch as he fhall DETERMINE to be duly elected. Vide Commentaries, page 332.

Vol. I.

WHAT conclufion fhall we draw from fuch facts, and fuch arguments, such contradictions? I cannot exprefs my opinion of the present ministry more exactly than in the VOL. I. words

M

words of Si Richard Steele," that we are -governed by a fet of drivellers, whose folly "takes away all dignity from diftrefs, and "makes even calamity ridiculous."

PHILO JUNIUS.

LETTER

XXIII.

TO HIS GRACE THE DUKE OF BEDFORD.

MY LORD,

19 Sept. 1769.

YOU are fo little accuftom

ed to receive any marks of refpect or esteem from the public, that if, in the following lines, a compliment or expreffion of applause fhould efcape me, I fear you would confider it as a mockery of your established character, and perhaps an infult to your understanding. You have nice feelings, my Lord, if we may judge from your refentments. Cautious therefore of giving offence, where you have so little deferved it, I fhall leave the illuftration of your virtues to other hands. Your friends have a privilege to play upon the casiness of your temper, or poffibly they are better acquainted with your good qualities than I ani,

You

You have done good by stealth. The reft is upon record. You have ftill left ample room for fpeculation, when panegyric is exhausted.

You are indeed a very confiderable man. The highest rank ;— a splendid fortune ; and a name, glorious till it was yours, were fufficient to have fupported you with meaner abilities than I think you poffefs. From the first, you derive a conftitutional claim to refpect; from the fecond, a natural extenfive authority;—the laft created a partial expectation of hereditary virtues. The use you have made of these uncommon advantages might have been more honourable to yourself, but could not be more inftructive to mankind. We may trace it in the veneration of your country, the choice of your friends, and in the accomplishment of every fanguine hope, which the public might have conceived from the illuftrious name of Ruffel.

THE eminence of your ftation gave you a commanding prospect of your duty. The road, which led to honour, was open to your view. You could not lofe it by miftake, and you had no temptation to depart from it by defign. Compare the natural digM 2

nity

nity and importance of the righeft peer of England; the noble independence, which he might have maintained in parliament, and the real interest and refpect, which he might have acquired, not only in parliament, but through the whole kingdom; compare thefe glorious diftinctions with the ambition of holding a fhare in government, the emoluments of a place, the fale of a borough, or the purchase of a corporation; and though you may not regret the virtues,, which create refpect, you may fee with anguifh, how much real importance and authority you have loft. Confider the character of an independent virtuous Duke of Bedford; imagine what he might be in this country, then reflect one moment upon what you are. If it be poffible for me to withdraw my attention. from the fact, I will tell you in theory what fuch a man might be.

CONSCIOUS of his own weight and importance, his conduct in parliament would be directed by nothing but the conftitutional duty of a peer. He would confider himself as a guardian of the laws. Willing to fupport the juft measures of government, but determined to obferve the conduct of the mi

« AnteriorContinuar »